Fill and Sign the Nrs Chapter 136 Probate of Wills and Petitions for Letters Form

© 2000 Cottonwood Equestrian Publications BILL OF SALE WITHOUT WARRANTIES WITNESS THIS AGREEMENT this ______ day of _______________, 20____, by and between ________________, hereinafter referred to as "Seller" and __________________________________, hereinafter referred to as "Buyer." For and in consideration of the sum of $_________________, Seller agrees to sell and Buyer agrees to buy _________________ _____________________________, a ____________ horse, free and clear of all encumbrances. BUYER UNDERSTANDS THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SAID ANIMAL AS ABOVE-DESCRIBED AND THAT SAID ANIMAL IS BEING SOLD IN AN “AS-IS” OR “WITH-ALL-FAULTS” CONDITION. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT BUYER HAS THE RIGHT TO HAVE A PRE-PURCHASE EXAMINATION PERFORMED BY THE VETERINARIAN OF HIS OR HER CHOICE AT HIS OR HER EXPENSE PRIOR TO EXECUTION OF THIS AGREEMENT. IN THE EVENT BUYER ELECTS NOT TO HAVE A VETERINARIAN PERFORM A PRE-PURCHASE EXAMINATION OF SAID HORSE AS ABOVE-DESCRIBED, BUYER WAIVES ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION AGAINST SELLER FOR ANY PATENT OR LATENT DEFECTS PERTAINING TO THE ANIMAL AS ABOVE-DESCRIBED. The parties acknowledge that all dealing between them with regard to representations, conditions of sale and terms of payment are hereby merged with the terms of this agreement. The purchase price as above-stated is due under the following conditions:
1. Payment of the purchase price is due at the buyer's sole expense immediately, and by cash or credit cards. 2. Buyer acknowledges and agrees that neither seller nor buyer shall owe seller any interest or penalty, including any fees or commission, on the purchase price due to date of sale. 3. The purchase price (minus any optional expenses and any incidental damages) is to be non-refundable unless the sale is withdrawn prior to the expiration of two days following sale by both parties in good faith before an auctioneer. All sales are final; no warranties or representations may be made by seller or buyer regarding the title or the condition of an animal, and in no event shall seller or buyer be liable for losses, damages or expenses of any kind arising from the sale of any animal. 4. Neither buyer nor seller is entitled to any rights and remedies or compensations in the event of breach of any warranty, representation or agreement hereunder; the parties waive the right to sue or otherwise act as parties in any legal proceeding for any such cause of action. 5. Purchaser agrees not to auction any horse on which there has been a breach by the seller or buyer of any representations as to the animal or the condition of said animal. 6. This agreement constitutes the entire agreement of the parties with respect to, and supersedes any and all prior or contemporaneous oral or written agreements, whether oral or written in writing, regarding the subject hereof. It may not be modified except with the consent of the parties. 7. The seller agrees to make available the animal to buyer on the buyer's request and as requested by the buyer at any reasonable hour prior to the auction. Buyer agrees to provide seller with full and timely payment to the auctioneer as is due. Seller also agrees to notify any potential purchaser of any failure by buyer to pay any of the purchase price at the time of the sale. 8. Upon the fall of the hammer, every sale is final and neither party has any right to appeal except to the judge or court for the county in which the auction is held. 9. This agreement contains the entire agreement of parties with respect to, and supersedes any and all prior or contemporaneous oral or written agreements, whether oral or written in writing, regarding the subject hereof. 10. Each party acknowledges that the use of the words “in a good faith" in these terms and conditions does not imply that the sellers is being dishonest with the buyer here.